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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <br />boathouse within 16 feet of the lake and may negatively impact the views into the property <br />from the lake. Regarding the setback variances, this criterion is not met. <br /> <br />The proposed reorientation of the lake access stair results in a decrease in 0-75’ zone <br />hardcover and is in harmony with the Ordinance. Regarding the hardcover variance, this <br />criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances resulting in expansions of the existing boathouse <br />within the average lakeshore and 75-foot lake setbacks in a residential zone are <br />inconsistent with the lake protection measures in place within the Comprehensive Plan. <br />Regarding the setback variances, this criterion is not met. <br /> <br />The proposed reorientation of the lake access stair results in a decrease in 0-75’ zone <br />hardcover and is consistent with the Comprehensive Plan. Regarding the hardcover <br />variance, this criterion is met. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br /> <br />The reasonable use of the Property is established with the principal structure. The <br />Applicant suggests that reasonable use extends to protection from insects and <br />inclement weather. The request to permit expansion of the boathouse lakeward <br />of the average lakeshore setback and within the 75-foot lake setback is not <br />reasonable in that they have the right to reconstruct the boathouse in-kind at the <br />substandard setbacks. The Council finds that insects and inclement weather do <br />not represent practical difficulties. Regarding the setback variances, this criterion <br />is not met. <br /> <br />The lake access stair reorientation resulting in a reduction of hardcover is <br />reasonable. Regarding the hardcover variance, this criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The Applicant proposes to make improvements to an existing building to improve <br />the comfort and functionality. The boathouse was not constructed by the current <br />owners. There is nothing unique about the Property which requires the expansion